A Russian cargo jet—one of the biggest planes in the world—has not been cleared for takeoff, a federal judge has ruled, and will remain parked at Toronto Pearson International Airport for the foreseeable future. In a federal court ruling issued earlier in August, Justice Ann Marie McDonald weighed an appeal by Volga Dnepr Airlines (VDA), the owner of the Antonov AN-124, to remove sanctions imposed on the company following the onset of the Russian invasion of Ukraine in 2022 that led to its seizure 16 months later. The massive plane arrived in Toronto in February of that year with a delivery of COVID-19 tests. The plane had planned to leave Canada shortly after dropping off the cargo, but that flight was cancelled when the federal government closed its airspace to Russian aircraft operators. Ottawa officially seized the plane in June 2023, over the owners’ “complicity in President (Vladimir) Putin’s war of choice.” Global Affairs Canada and then-Foreign Affairs Minister Melanie Joly said at the time that the seizure was “designed to put additional pressure on Russia to stop its illegal war against Ukraine by straining its economic system and limiting resources that fuel the war.” The company rejected the accusation that it was involved in the invasion, claiming to be a “peaceful carrier” which was not transporting military cargo. Canada’s Ministry of Foreign Affairs later determined that VDA “benefited” from contracts and subsidies from the Russian government, which it said were intended to ease or otherwise circumvent the sanctions imposed by Canada and its partners. “And as such that [VDA] have engaged in activities that indirectly facilitate, support or contribute to a violation or attempted violation of the sovereignty or territorial integrity of Ukraine”. In dismissing the judicial review application, McDonald said VDA had not demonstrated the decision was unreasonable or lacked procedural fairness. “Overall, recognizing the wide deference held by the Minister (of Foreign Affairs) on these decisions, and being satisfied that the Minister exercised that discretion reasonably, there is no basis for this Court to intervene in the Decision.” Ottawa has previously said it plans to redistribute the aircraft to Ukraine. With files from CTV News Toronto’s Alex Arsenych
